Legal Question in Civil Rights Law in India

Ancestral property

We are in Tamilnadu.We have a property with some vacant plot and a house in which my uncle and his family is residing now. My mother got married before 1989 and now her age is 73 yrs.Maybe got married on 1955to1960.This property is inthe name of my Grandmom.She expired on 1985.(Grandmom has two daughetrs and one son).My uncle transferred Patta from my grandmom's name(from 2002 to till date).He has changed EB and all taxes on his name.My uncle's first wife expired and he has one son,then my uncle remarried and they hv one son and one daughter as heirs(3 heirs for my uncle-First wife-1son and 2nd wife-2 heirs).Recently,we came to know that our grandmom has written unregistered will on 1985 stating that the property belongs to my uncle only and no shares for her daughters.My uncle has made settlementdeed with respect to the WILL to his second wife(legally married)and now property transferred to her name.They are living in that house for more than 25 yrs.1)pls explain me whether my mother has claim in that property since got married before 1989?2)Is this ancestral property(in my grandmother's name)?3)Which is meant as ancestral property,p roperty in the name of grandfather or grandmom,4)Do my uncle's first son challenge the gift deed?


Asked on 3/06/09, 3:25 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Ancestral property

1) Yes, she may be entitled to a share;

2) The nature of property will depend as to how your grand mom acquired it ? If she inherited the property it may be ancestral, and she purchased from her own resources, it may be 'self acquired'.

3) ancestral property means property inherited from forefathers.

4) yes, he or any other legal heir may challenge the gift.

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Answered on 3/06/09, 10:28 pm


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